Ying Ji Shen v. Holder
Docket: No. 06-74322
Court: Court of Appeals for the Ninth Circuit; October 1, 2009; Federal Appellate Court
Ying Ji Shen, a citizen of China, petitions for review of the Board of Immigration Appeals’ decision that dismissed her appeal from an immigration judge's (IJ) denial of her asylum and withholding of removal application. The court has jurisdiction under 8 U.S.C. § 1252 and reviews the IJ’s adverse credibility determination for substantial evidence. The IJ found Shen's credibility undermined because she previously stated to an immigration official, through a Chinese interpreter, that her purpose for coming to the U.S. was to make money and that she had no fear of returning to China. This contradicted her asylum claims based on fear of persecution if returned. The court cited precedent (Li v. Ashcroft) supporting the conclusion that discrepancies between an initial sworn statement and later testimony can be a basis for an adverse credibility determination. Due to the lack of credible testimony, Shen was unable to establish eligibility for asylum or withholding of removal, as supported by further case law (Farah v. Ashcroft). The petition for review is denied, and the ruling is not published or considered precedent except as specified by 9th Cir. R. 36-3.